Legal Question in Wills and Trusts in West Virginia

Need a lot of information....

How long should it take to settle an estate? There is no minimum or maximum time limit involved in settling an estate in Louisiana. It depends upon the complexity of the estate and its various assets and liabilities. If there is an ongoing business, for example, with some accounts receivable and debts owed, it may take quite a long time before the accounts can be collected, the debts paid and the business sold. If the estate is relatively free from debt and uncomplicated, it should be settled fairly quickly--depending still upon the cooperation (or lack thereof) of all of the heirs and legatees and the attorney handling the estate.

Can a person...who is not the executor...do anything to hasten the settling of the estate? Yes, you can cooperate with the executor and the attorney for the estate and assist in getting the cooperation of all other heirs and legatees.

Don't know about a convicted felon being an executrix--has the person served his/her time in jail and been released?? If so, I don't know for sure but don't see that as an impediment.

Monies being paid to unsettled estate.... All funds being paid to the estate should be used by the executrix to protect and maintain the assets of the estate and to pay off creditors and liabilities of the estate (including inheritance taxes and attorney's fees)--the balance left afterwards should then be divided according to the will &/or law.

I, of course, would suggest that you not try to handle this matter on your own but rather consult with an attorney and/or hire an attorney to represent your interests. Delay in doing so and/or investigating this matter further could result in loss of your rights.

You need some real help.

We out-of-state attorneys can't tell you much about your own state's laws and probate procedures.And that stuff does vary, quite a bit, from one state to another.

In Massachusetts, no convicted felon may (ever) serve as executrix. You could therefore oppose her nomination even if it is in the will that she be appointed, and you ought to win. Bear in mind, though, that certain wording in some wills causes disinheritance of anyone whochallenges any portion of the will, including the portion which appoints an executrix, so you have to be careful, though that is onlyvery rarely the case; just consult an attorney. You need to get a copy of the will, first, and of the executrix's accounting to the court which usually OUGHT to happen within a mere month of death, though executors routinely take longer than that to prepare and submit it.

The will is going to be on file, as public information if she has been appointed executrix, if there is a will.The accounting will also be on file at the same courthouse.

If you are beneficiary to a trust of which she is trustee, you should request an accounting there, too, even though she may havebeen appoined trustee.

No, fiduciaries (trustees and executors) in general may not use the funds foreven one moment for personal use even if they plan to repay the money later, under Mass. law and probably other states' laws as well.A classic case, of course, is the person who takes the money to the track to double it (and risks losing it all). He may not win by that. If he doubles the money by hitting a few good horses, he has to give all the winnings back to theestate / trust, but if he loses the money instead, he still has to replace it. More to the point, a fiduciary may never use the funds for his or her personal use, even if only temporarily.

You ought to consult a local attonney.

Personal use is even worse.